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Federal
Australian Securities and Investments Commission v Sino
Australia Oil & Gas Ltd [2014] FCA 565
CORPORATIONS – application for injunction under s 1323(1) of
the Corporations Act 2001 (Cth) – ongoing ASIC investigation
into alleged contraventions of the Corporations Act 2001 (Cth) by
the company and its directors – necessary and desirable to
grant injunction in order to protect investors'
interests-Corporations Act 2001 (Cth) ss 180, 181, 182, 674, 710,
724, 728, 729, 1041A, 1041B, 1041H, 1323(1) and 1323(6) More...
New South Wales
Allianz Australia Insurance Limited v Botros Soliman
& Anor [2014] NSWSC 737
Judgment against each defendant for $400,000
INSURANCE - home warranty insurance - proceedings for recovery from directors of building company pursuant to deeds of indemnity - no question of principle - Home Building Act 1989; Civil Procedure Act 2005 More...
Macmahon Mining Services v Cobar Management [2014] NSWSC
731
PROCEDURE - application for summary judgment on or to strike out
some claims -whether claims are for "Consequential Loss"
as defined by the contract between the parties - whether regard
must be had to the facts to determine whether claims fall within
"Consequential Loss" - whether appropriate case for
strike out or summary disposal of claims PROCEDURE - costs -
general rule costs follow the event of the motion More...
Delta Electricity v Centennial Mandalong Pty Ltd [2014]
NSWCA 178 [READ HEADNOTE]
CONTRACTS - general contractual principles - construction and
interpretation of contracts - whether government charges imposed
under the national carbon pricing scheme on methane emissions were
charges "attributable to" coal sold by the respondent and
purchased by the appellant – appeal dismissed with costs
Clean Energy Act 2011 (Cth); Clean Energy (Consequential Amendments Act) 2011 (Cth); Clean Energy (Unit Shortfall Charge - General) Act 2011 (Cth); Coal and Oil Shale Mine Workers (Superannuation) Act 1941(NSW); Coal Industry Act 2001(NSW) More...
Queensland
Duke Building Pty Ltd v Queensland Building and
Construction Commission [2014] QCAT 190
DIRECTION TO RECTIFY – WHETHER UNFAIR – where
Direction to Rectify unable to be complied with within the 28 day
period – where delay on the part of the homeowner in
obtaining certified plans – whether Direction to Rectify
voidable – whether unfair in the circumstances.
McNab Constructions Australia Pty Ltd v Queensland Building Services Authority [2013] QSC 057 Camill Constructions Pty Ltd v Queensland Building Services Authority [2013] QSC 275 More...
PW Woods (Builder) Pty Ltd v Watch This Space Builders
Pty Ltd [2014] QCAT 188
Building dispute – Wrongful repudiation – Construction
manager liable for incomplete and defective work of contractors More...
Victoria
You v Thomas [2014] VSC 255
ADMINISTRATIVE LAW — Judicial review — Jurisdictional
error — Error of law on the face of the record —
Building Act 1993, s 93 More...
Northern Territory
Axis Plumbing N.T. Pty Ltd v Option Group (NT) Pty Ltd
and Anor [2014] NTSC 22
ADMINISTRATIVE LAW – Construction – Security of
payment – Determinations – Validity of –
Jurisdictional error – Review by Supreme Court –
Functions of Court on judicial review - Construction Contracts
(Security of Payments) Act 2004 (NT) ss 27, 33(1)(a), 48(3)
ADMINISTRATIVE LAW – Construction – Security of payment – Adjudicators – Jurisdiction – Jurisdictional error – Statutory Criteria – Satisfaction as to – Must be reasonable – Must be legally correct – Construction Contracts (Security of Payments) Act 2004 (NT) ss 33(1)(a), 48(3)
CONSTRUCTION – Security of payment – Determinations – Whether there is a "construction contract" - Construction Contracts (Security of Payments) Act 2004 (NT) s 33(1)(a)(i)
CONSTRUCTION – Security of payment – Determinations – Whether contract subject to condition precedent – Whether there is a payment dispute - Construction Contracts (Security of Payments) Act 2004 (NT) s 33(1)(a)(ii) More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.